Re: Oncale Case -Reply

Wed, 11 Mar 1998 14:24:09 -0600

This is not a Title VII Cinil Rights Act case at all. The actions (or lack of
actions) may well be a problem under Section 1983 of the Civil Rights Act
of 1871 which prohibits employees of schools from acting under the
color of law to deny constitutional rights to persons. Various circuit
courts have ruled a variety of ways on these "Section 1983" cases. If
you need more info, let me know. :-)


>>> Linda Purrington <> 03/09/98 11:54pm >>>

What we need is a general reenforcement of the thread in case law that
says that discrimination based on the sex of the victim is discrimination
forbidden by Title IX and Title VII. In other words, some courts hold that if
boys and girls both bait a girl, then the baiters are sexually harassing the
child; and if school-associated adults allow this to occur in a school
setting, they are discriminating against the child on the basis of (her) sex.
This policy can be elaborated to understand harassment of gays as
harassment based on the sex of the student victim. The harassment of
heterosexual men by other heterosexual men often take the form of
gay-baiting as well, and is also based on the male dominated gradient of
power in society. Linda
Purrington <>


Darcy Lees wrote:
> > One other point, to my knowledge there has not been a significant
> increase in sexual orientation complaints since the 1994 requirement in
> WA state that districts have sexual harassment policies which would
> cover same sex sexual harassment. A number of districts wrote
> based harassment policies which covered sexual orientation as well
> sex and race.
> > Darcy Lees <>
> >
> > > ----------
> > From: PaulEdison[]
> > Reply To:
> > Sent: Thursday, March 05, 1998 7:40 PM
> > To:
> > Subject: Oncale Case
> >
> >
> >
> > Does anyone know how likely it is that the
> > Supreme Court's decision this week on the Oncale
> > same-sex harassment case will result in cases
> > arising from _sexual-orientation_ harassment?
> >
> > I've heard this in some of the coverage, but was
> > under the impression that previously (including
> > in the OCR Guidance on sexual harassment) sex-
> > orientation harassment has definitely _not_ been
> > covered.
> >
> > Thanks
> > Paul Edison, Gender Issues Education
> > Curriculum/Video for Grades 6-12
> > <>
> >

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